State v. Johnson

Defendant was convicted of interfering with a peace officer by refusing “to obey a lawful order.” ORS 162.247. On appeal, he raises three assignments of error. First, he argues that the trial court erred in denying his demurrer to the charge because the statute, on its face, violates the Oregon Constitution by requiring the jury to make a legal conclusion as to the order’s lawfulness. Second, he maintains that the court erred in not granting his motion for a judgment of acquittal based on the state’s failure to prove that he knew the order was lawful. Third, he contends that the court erred…